Japan’s long-running legal battle over marriage equality reached a pivotal moment when the Tokyo High Court declared that the country’s prohibition on same-sex marriage aligns with the constitution. The decision stands apart from a series of recent high court rulings that had increasingly signalled judicial support for recognising same-sex unions, creating a sense of optimism among activists until now.
Outside the courthouse in Tokyo, the couples involved in the lawsuit and their lawyers reacted with clear frustration as the verdict undercut the momentum they had built through earlier legal victories. Japan remains the only G7 nation that offers neither full recognition nor comprehensive legal safeguards for same-sex couples, although several Asian neighbours—Taiwan, Thailand and Nepal—have already adopted frameworks allowing same-sex marriages.
Judge Ayumi Higashi, who presided over the case, concluded that any move toward redefining marriage must originate in the legislature rather than the courts, according to reports from the Mainichi newspaper. The plaintiffs, who had sought acknowledgment that the current law violates their rights, left the courthouse disheartened as they processed a decision that diverged sharply from the trajectory set by other courts across the country.
Five other high courts, ruling on lawsuits filed between 2019 and 2021 in regions stretching from Sapporo to Osaka and Fukuoka, had previously determined that Japan’s stance on marriage equality conflicts with constitutional principles. Although none of those courts granted financial compensation to the plaintiffs, their rulings collectively strengthened calls for national reform. The Tokyo ruling is now the lone outlier in this sequence, abruptly interrupting what many saw as growing judicial pressure for legislative change.
Human rights organisations also criticised the outcome. Amnesty International described the decision as a setback that undermines efforts to ensure equal marriage rights, urging Japan’s government to take the initiative in securing legal recognition for same-sex couples.
With the final high court judgment now delivered, the nationwide legal battle shifts to the Supreme Court, which will determine the next stage in Japan’s struggle over marriage equality.
